Originally Posted By: _WW_
I read the notice linked to on the WFC site. It only takes a little research or discussion with current or former WDFW employees to see that there is a history of complex anadromous fish recovery plans that have taken a long time to complete.

In a world where a woman can successfully sue for putting her RV on cruise control on the freeway, and then leave the drivers seat to make a sandwich, I guess anything is possible.

I think they might lose because I don't think NMFS is technically breaking any law. They're just driving slow in the fast lane, but the trip is still being made.

If WFC loses, would it be possible to sue them for diverting our government employees time and efforts from developing a recovery plan in order to defend themselves from a meritless suit?

Any lawyers on the forum?


Not a lawyer but I have an observation that is really not new but maybe needs to be restated here.

Where laws and regulations have been enacted that require some form of review and approval by a Government agency those same laws and regs need to include maximum time frames for those agencies to perform their review process and (1) deny the request for cause, (2) extend for a specific period to allow for necessary modification of the initial request or (3) issue the "permit."

Failure on the part of the Government to act timely should allow the permit requester to move forward. The burden should be on the Government to perform timely rather than the requester to sit on their hands while the Government agency dithers (seemingly) forever.
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